(1.) This appeal under Sec. 19 of the Family Courts Act 1984, preferred by the appellant-wife, takes exception to the judgment and decree dtd. 26/4/2019, passed by the Principal Judge, Family Court, Sehore in RCS No.HM822018, rejecting the petition of the appellantwife under sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act').
(2.) Brief facts of the case are that marriage between the parties was solemnized in the month of February, 2013 as per Hindu customs and rituals. The Gouna ceremony was also performed after about a year from the date of marriage. It is alleged by the appellant-wife, on account of inadequate dowry, she was being subjected to cruelty by her husband and in-laws, however, she tolerated, for few years. In the year 2017, she was forced to leave the house of her husband and since then she is living in parental house. At the instance of the appellant-wife, three cases were filed against her husband. The first one is a criminal case under sec. 498-A and 323 of the IPC. Second is a petition under sec. 12 of the Domestic Violence Act,2005 and third one is a petition under sec. 125 of Cr.P.C for grant of maintenance. She remained unsuccessful in all the aforesaid proceedings. However, she filed an appeal before the High Court against the order of acquittal under Sec. 498-A and 323 of IPC, which is stated to be pending as on date.
(3.) Learned Family Court, after examining the evidence and material available on record, held that it does not seem to be practicably possible for the parties to live together after so much litigation between them. Hence, it cannot be said that there was no reasonable excuse for the respondent-husband to withdraw from the society to the appellant-wife and, therefore, the decree under sec. 9 of the Act for restitution of conjugal rights, has been declined.